The English Devolution and Community Empowerment Act 2026 (Commencement No. 3) Regulations 2026
Transferred the power to authorize street work charges from central government to regional Mayors effective 29 October 2026.
These regulations bring into force specific provisions of the English Devolution and Community Empowerment Act 2026 on 29 October 2026.
The instrument transfers the authority to approve street work charging schemes from the Secretary of State to the Mayors of Mayoral Combined Authorities and Mayoral Combined County Authorities.
This change applies to highway authorities seeking to charge utility companies (undertakers) for works carried out on maintainable highways, though the Secretary of State retains this power in areas where no elected Mayor is in office.
Arguments For
The document states that the regulations devolve powers from the Secretary of State to Mayors of Mayoral Combined Authorities (MCA) and Mayoral Combined County Authorities (MCCA).
Proponents argue that this allows local leaders to approve highway authorities to charge undertakers for street works, rather than requiring central government approval.
The explanatory note asserts that the Secretary of State will maintain authority in areas without a Mayor or where a Mayor has not yet taken office, ensuring no gaps in administrative oversight.
Arguments Against
Local authorities not within a Mayoral Combined Authority remain dependent on the Secretary of State for approval, which may lead to differing administrative processes across England.
The document notes that an impact assessment was not produced for these specific regulations, which may limit visibility into the immediate costs for utility companies (undertakers).
The regulations exclude paragraphs 3 and 4 of Schedule 9, leaving certain elements of the primary Act's highway provisions uncommenced and legally inactive for the time being.
Citation
- These Regulations may be cited as the English Devolution and Community Empowerment Act 2026 (Commencement No. 3) Regulations 2026.
This section establishes the official name of the statutory instrument.
It identifies the regulations as the third commencement order issued under the primary 2026 Act.
Provisions coming into force on 29th October 2026
- The following provisions of the English Devolution and Community Empowerment Act 2026 come into force on 29th October 2026- (a) section 26 (charges payable by undertakers executing works in maintainable highways) in so far as it relates to the provisions referred to in paragraphs (b) and (c) of this regulation; (b) paragraph 1 of Schedule 9 (charges payable by undertakers executing works in maintainable highways) in so far as it relates to the provision referred to in paragraph (c) of this regulation; (c) paragraph 2 of Schedule 9.
This section activates specific parts of the English Devolution and Community Empowerment Act 2026 starting 29 October 2026.
It specifically brings into force paragraph 2 of Schedule 9, which amends the New Roads and Street Works Act 1991 to allow regional Mayors to approve highway charging schemes.
The activation of section 26 and paragraph 1 of Schedule 9 is restricted solely to the extent necessary to give effect to the changes regarding these Mayoral powers.
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